Berkeley County man’s death inspires bill to protect waste service workers

February 20, 2014

CHARLESTON - The widow of a Berkeley County sanitation worker is working with a state senator on a bill that could save the lives of others in the industry.

Sen. Donald Cookman, D-Hampshire, has introduced a bill, SB 378, to add garbage trucks and other sanitation vehicles to the definition of authorized emergency vehicles that passed the Senate Transportation Committee last week. The legislation requires drivers to reduce their speed to 15 miles per hour when passing a stopped waste service vehicle.

Tiffany Tabler, of Martinsburg, reached out to Cookman about creating the bill after her husband, Jeremy Tabler, 30, was fatally struck by a vehicle on March 7, 2013, while exiting the driver's side door of a stopped sanitation truck on Dominion Road near Gerrardstown.

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Jeremy Tabler is shown with his daughters, Jewelia, 11, and Annaliese, 7. Tabler was fatally struck last year by a vehicle while exiting his sanitation truck. Tabler’s widow is working with a state legislator on a bill to require drivers to slow down when passing waste service workers.

The driver of the vehicle that hit Jeremy was not speeding and was cleared of charges because there are no laws regarding driving near or passing stopped waste service vehicles, such as those regarding ambulances, fire trucks and other emergency service vehicles.

"The person that was driving by did not slow down," Tiffany Tabler said. "There are laws to protect police officers and (officials) like that, but there isn't anything protecting the waste truck drivers. ... If my husband were struck (by a vehicle) going 15 mph versus 45, then he probably would still be here today."

If the bill becomes a law, anyone found guilty of violating the law could face a fine up to $1,000 and a misdemeanor, depending on the speed factor and if serious injury or death occurs.

The legislation includes publicly and privately owned or operated garbage trucks and other sanitation vehicles that are identified as a waste service vehicle with lighting or signs. The legislation requires the operator to provide a stationary sign or flashing lights to warn drivers of the presence of workers, and the waste service vehicle must not be on a controlled access highway; a road with a center line and more than two lanes; or a private driveway.

Cookman said he initially considered including sanitation vehicles in the definition of emergency vehicles, but after speaking with the council for the transportation committee, he decided to add emphasis to the bill by making it standalone legislation.

"(Tabler) couldn't do anything for her husband or for her daughters that he left behind, so she is hoping to get a law passed to maybe help somebody else and to prevent this from happening again," Cookman said.

Tabler testified for the bill before the transportation committee, on which Cookman serves.

"It went pretty well," Tabler said. "There were concerns. Some of the (legislators) weren't aware that this is a problem that needs to be addressed. Hopefully, going down there and giving them background on why this bill is so important will make them realize that it's a necessity."

Tabler said she has received support from the community, including her late husband's former employer, regarding the piece of legislation.

"The more people get involved, the better off we'll be at getting this law passed," Tabler said. "Hopefully, there won't be a next family. ... Hopefully, we can save some lives and make the community more aware."

The bill will go to the Senate Judiciary Committee. Tabler plans to testify before that committee this week.